Martinez Seeks Higher Child Support From Berry
Olivier Martinez asks a Los Angeles court to increase the child support Halle Berry pays for their 13-year-old son.
Updated on Nov. 10, 2026 in Divorce
Olivier Martinez filed court documents on Monday, November 9, asking a Los Angeles Superior Court judge to increase the child support Halle Berry pays for their son Maceo. The request argues the 2023 support order, based on a 50-50 custody split, no longer reflects how much time each parent spends with the boy.
Why it matters
Martinez argues Berry's parenting time has dropped to about 18% since a temporary restraining order was granted on October 1, which he says warrants revisiting the financial arrangement. The filing also raises questions about how custody changes affect support obligations for children in high-profile divorces.
The filing cites Berry's current payment of $8,000 per month plus 4.3% of income above $2 million, against a claimed reduction in her parenting time from an original 50% to roughly 18%. Berry has not yet submitted the current income and expense declaration needed to set a revised figure.
The players
Olivier Martinez
Martinez is a French actor known for films including Unfaithful and Taken 3, and he is the former husband of Halle Berry.
Halle Berry
Berry is an Academy Award-winning actress who won Best Actress for Monster's Ball in 2002 and is the mother of their son.
Los Angeles Superior Court
The Los Angeles Superior Court is the trial court of general jurisdiction for Los Angeles County, handling family law matters including child support.
Judge Shelley Kaufman
Kaufman is the Los Angeles County judge who dissolved the temporary restraining order against Berry while keeping the modified custody arrangement in place.
The details
The 2023 divorce agreement set the support payments, which Martinez now says were calculated on equal custody. He also alleges Berry physically abused their son during a September incident, and he demands she cover $240,000 in legal fees. A temporary restraining order was granted October 1 and later dissolved October 29, with a modified custody arrangement kept in place.
Timeline
August 2023: Divorce finalized and child support agreement established.
October 1: Temporary restraining order granted.
October 29: Judge dissolves restraining order but keeps modified custody.
Monday, November 9: Martinez files child support modification request.
December: Custody arrangement scheduled for another hearing.
Legal Context
Martinez's request tests whether a support order set under the 2023 divorce settlement can be revised when custody time shifts sharply after a restraining order. Courts in California generally recalculate child support when parenting time changes materially, so the outcome will hinge on Berry's forthcoming income declaration.
Parents who share custody can petition a court to modify child support when parenting time changes significantly, but they generally need current income and expense declarations to do so. Courts typically require both parties to file updated financial disclosures before setting a new amount.
The takeaway
Child support orders are not permanent, and a significant change in parenting time can open the door to revision. Anyone facing a similar situation should gather current financial records and consult the court's family law procedures before filing.
What happens next
The custody arrangement is scheduled to be revisited at a hearing in December.
Further reading
Explore more on Divorce and how custody changes can reshape support obligations.
