Jennifer Hudson thegrio
The 40th Annual People's Choice Awards - Backstage And Audience LOS ANGELES, CA - JANUARY 08: (L-R) Julia Hudson, actress-singer Jennifer Hudson and pro wrestler David Otunga attend The 40th Annual People's Choice Awards at Nokia Theatre L.A. Live on January 8, 2014 in Los Angeles, California. (Photo by Michael Buckner/Getty Images for The People's Choice Awards)

The custody battle issues between Jennifer Hudson and her ex, David Otunga has gotten more intense since he wants her to pay his housing costs, according to The Blast.

Otunga believes the singer-actress should pay his rent because he claims he is their son’s primary caregiver, according to court documents. He has even subpoenaed Hudson’s sister, Julia, to testify in the bitter custody battle.

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Hudson, on the other hand, argues that Otunga would be able to pay for a home if he got a job.

“Nothing entitles David to live in a home identical to Jennifer’s,” the court documents state.

Hudson they were never married, so she is not obligated to pay for his housing, the report said.

“Having a child with a celebrity should not be the basis to treat David like someone who has given birth to a child and who has no means of supporting the child,” the documents stated. “Jennifer is the one who gave birth to the minor child, who had the minor child with her as she traveled prior to the difficulties the parties experienced in their relationship.”

Although Otunga has claimed that he has been the primary caregiver of their 9-year-old son David Otunga Jr., Hudson has argues that Otunga was on the road a lot traveling with the WWE.

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The Dreamgirls star believes that it is not in the best interest for the former I Love New York contestant to have primary custody of their child, questioning whether their son would be safe and in a “loving environment” under his care.

Otunga and Hudson were scheduled to go to trial later this month, but decided to delay it in an effort to settle. A hearing is scheduled for May.