Matter of Jennifer R. v Michael C.
In the Matter of Jennifer R., Respondent,
Michael C., Appellant.
—[*1] Steven N. Feinman, White Plains, for appellant.
Order, Family Court, Bronx County (Carol Ann Stokinger, J.), entered on or about July 10, 2006, which denied respondent's objection to the Support Magistrate's order directing respondent to pay child support in the amount of $25 per month, unanimously affirmed, without costs.
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] ; Matter of Rose v Moody, 83 NY2d 65, 71-72 , cert denied sub nom. Attorney General of N.Y. v Moody, 511 US 1084 ; Matter of Lanzi v Lanzi, 298 AD2d 53, 56 ), 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 of twenty-one years are chargeable with the support of such child and, if possessed of sufficient means or able to earn such means, shall be required to pay for child support a fair and reasonable sum as the court may determine" (emphasis added). Accordingly, we find that the child support award herein does not run afoul of the Supremacy Clause and, after a review of the record, further find that the Family Court did not err in ordering respondent to pay child support in the amount of $25 per month (see Aregano v Aregano, 289 AD2d 1081 ). Concur—Tom, J.P., Mazzarelli, Nardelli and McGuire, JJ.