Jennifer R. v. Michael C.

While respondent correctly points out that the irrebuttable mandatory minimum child support award of $25 per month set forth in Family Court Act § 413 (1) (g) is preempted under the Supremacy Clause (42 USC § 667 [b] [2]; Matter of Rose v Moody, 83 NY2d 65, 71-72 [1993], cert denied sub nom. Attorney General of N.Y. v Moody, 511 US 1084 [1994]; Matter of Lanzi v Lanzi, 298 AD2d 53, 56 [2002]), a review of the Family Court order at issue reveals that the $25 award was made pursuant to Family Court Act § 413 (1) (a), which provides, in relevant part, that “the parents of a child under the age…