You must mean that your mother claimed your son as a dependent for 2020, since no one has filed a 2021 tax return yet. The tax returns everyone will soon begin to prepare and file will be for tax year 2021. If your mother should not/could not claim your child as a dependent for 2021 then she may have to re-pay the advance child tax credit money she received in 2021. Those payments were an advance on a credit for a 2021 tax return.
An important issue really is----which one of you can claim your child? Who supported your child in 2021? Did your mom support him? Did he live with you or with your mother? Or do you all live together? Can you be claimed as a dependent on your mother's tax return? If you can be claimed as a dependent then you cannot claim a dependent of your own.
WHO CAN I CLAIM AS A DEPENDENT?
You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2021 taxes as long as they meet the following requirements:
Qualifying child
- They're related to you.
- They aren't claimed as a dependent by someone else.
- They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
- They aren’t filing a joint return with their spouse.
- They're under the age of 19 (or 24 for full-time students).
- No age limit for permanently and totally disabled children.
- They lived with you for more than half the year (exceptions apply).
- They didn't provide more than half of their own support for the year.
Qualifying relative
- They don't have to be related to you (despite the name).
- They aren't claimed as a dependent by someone else.
- They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
- They aren’t filing a joint return with their spouse.
- They lived with you the entire year (exceptions apply).
- They made less than $4,300 in 2021.
- You provided more than half of their financial support.
When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.
Related Information:
If you can claim your child as your dependent on your own 2021 tax return, then you are the one who will be able to get the full amount of the child tax credit for 2021, and you will be able to get the $1400 3rd stimulus amount for claiming him as well----this is done by using the recovery rebate credit.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
