Halle Berry's ex Olivier Martinez seeks increase in monthly child support from actress after gaining primary custody of their son Maceo, 13

The ongoing legal battle between Halle Berry and Olivier Martinez has taken yet another twist.

After being granted primary physical custody of the couple's son Maceo, 13, the French actor is now seeking an increase in his $8,000 monthly child support from his Hollywood star ex.

In newly filed legal documents, Martinez states that it is only fair he should receive more money now that the teen is living with him so he can continue to give Maceo the lifestyle he had when residing with his mother.

'When the supporting parent enjoys a "lifestyle that far exceeds that of the custodial parent, child support must to some degree reflect the more opulent lifestyle,"' the documents argue.

'Further, because children are entitled to the same standard of living attainable by the parents' income, the "needs" of a child of extraordinarily wealthy parents will exceed the bare necessities of life.'

The Daily Mail has contacted representatives for Berry and Martinez for comment. 

The warring exes previously shared 50/50 custody of their son but that changed last month after a legal showdown in which Martinez accused Berry of physically abusing the child. 

Berry denied the allegations. 'I am not a perpetrator of violence,' she said. 'I would never hurt our child.'

After hearing testimony in court from both sides as well as Maceo's version of events, a judge ruled that the boy should live with his father with the actress having visitation.

The judge also dissolved a temporary restraining order that Martinez had filed against Berry on behalf of himself and Maceo. 

Both Berry and Martinez are due back in court on December 17 at which time the custody arrangement will be reviewed. 

According to court documents previously obtained by The Daily Mail, Berry has been providing Martinez with $8,000 a month on top of an additional 4.3% of 'any income she receives above $2 million as and for additional child support for Maceo' for more than three years.

In an income and expense declaration, the French star of Hollywood movies Unfaithful and S.W.A.T. said he made an average of $776.34 a month in residuals during the previous 12 months.  He also claimed to have average monthly expenses of $17,555.99.

Martinez noted that his ex continues to make movies, having starred in Crime 101, released in February, and is working on two additional films, Fleur and Red Card.

Citing Family Code §4053, the documents note the law has a guideline which 'takes into account each parent’s actual income and level of responsibility for the children,' and each parent is responsible for paying support 'according to the parent’s ability.'

Following the court's decision on custody, Marina Beck, Berry's attorney, told The Daily Mail: 'As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.'

After the ruling, Martinez expressed hopes that relations between Maceo and his mother will be smoother in the future.

He told Extra: 'I truly hope Maceo and his mother will be able to have a better relationship in the future....

'I don't want my son to hate his mom. I want him to love her. I want him to forgive her, and I want them to reconciliate in some sort at one point.'