How New York Courts Handle Child Support and Spousal Maintenance Above the Statutory Income Cap: A Look at DeCrescenzo v. Suslak

When child support and spousal maintenance are at stake in high-net-worth divorces, New York courts have wide discretion—especially when combined parental income exceeds the statutory cap. A recent case from the Appellate Division, Third Department, DeCrescenzo v. Suslak, 2025 NY Slip Op 03114, provides critical guidance on how judges weigh lifestyle, earning capacity, and financial needs when setting support awards well above standard guidelines.

Key Takeaways from DeCrescenzo v. Suslak

1. Courts May Award Child Support on Income Far Above the Cap

In this case, the court upheld a child support award based on a combined parental income of $635,000, far above New York’s statutory cap of $183,000 (as of 2025). The award of $13,657 per month in child support was supported by:

The children’s need to maintain a lifestyle consistent with the family’s pre-divorce standard of living;

The significant disparity in incomes between the parties;

The father’s ability to pay based on his high earnings (nearly $950,000 annually).

This ruling confirms that when high earners divorce, the court will go well beyond the cap if the children’s needs and lifestyle justify it.

2. Imputing Income: Not Always Required

The husband argued that the court should have imputed a full-time salary of $95,000 to the wife, a part-time physical therapist with a master’s degree. But the court declined, citing her ongoing role as the children's primary caregiver and the lack of evidence that she was avoiding employment in bad faith.

This reaffirms that childcare responsibilities and good-faith part-time employment can justify the court declining to impute full-time income to a lower-earning spouse.

3. Maintenance Awards Reflect Disparity and Lifestyle

The court awarded the wife $5,000 per month in spousal maintenance, consisting of the statutory presumptive amount plus a discretionary enhancement. Factors influencing the award included:

The parties’ significant income disparity;

The wife’s caregiving duties and limited earnings;

The pre-divorce standard of living;

Loss of health insurance coverage post-divorce.

Courts consider both short-term transition needs and long-term economic disparities when awarding spousal maintenance in high-income divorces.

4. No Imputed Investment Income Without Proof

The husband attempted to argue that the wife could invest her distributive award and earn income. However, the court rejected this as speculative, noting the funds had not yet been invested and were potentially earmarked for a future home purchase.

Courts need concrete evidence, not assumptions, to impute investment income in support calculations.

What This Means for High-Income Divorce in New York

If you're involved in a divorce where parental income exceeds the statutory cap, know that the court has the power to:

-Deviate significantly from guideline support amounts;

-Consider lifestyle, needs, and earning capacity over formulas;

-Decline to impute income without clear evidence of underemployment or bad faith.

Judges also take a fact-specific, especially when children’s well-being and caregiving responsibilities are involved. There is a significant amount of judicial discretion here so this fact pattern can yield different results based on your jurist.

Talk to a High-Income Divorce Attorney in New York

High-net-worth divorce cases require strategic advocacy and a deep understanding of New York's discretionary approach to child support and maintenance above the cap. At Mindin & Mindin, P.C., we regularly represent clients in complex financial and custody matters—including cases involving seven-figure incomes, luxury assets, and contested support awards.

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