David Otunga and the 'American Idol' alum are set to appear in court in May to give the judge overseeing their custody case an update on the outcome of their private negotiations.

AceShowbiz - Jennifer Hudson's ex-fiance has called on a judge to force the star to testify under oath about their issues as part of an ongoing custody battle.

According to court papers, obtained by The Blast, David Otunga has been trying to depose Hudson, believing that could help him win a better deal over their son, also called David.

The judge overseeing the case has given Otunga a boost by agreeing to set a hearing on the matter.

The former couple is already set to appear in court next month to update the judge on the the outcome of their private negotiations.

The judge also wants to hear about Otunga's struggles to find a job.

Hudson filed for an emergency order of protection against her ex, accusing him of pushing her while she was holding their son David. The court granted the temporary request but Hudson would later drop the petition altogether. Otunga has always denied the allegations.

The custody battle has heated up in recent months, with Oscar winner claiming she feared Otunga would kidnap their son, while he accused her of defamation.

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