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Katie Holmes will ask Tom Cruise for child support at their first divorce hearing.
The 'Dawson's Creek' actress will appear in person when the hearing takes place in a family law courthouse in New York on July 17, where she will ask for money from her estranged husband.
A source told RadarOnline.com: "Katie's legal team will be requesting temporary child support to cover living expenses and the added security she has hired since her split from Tom.
"Tom's Los Angeles lawyers have officially been given notice. Tom's New York lawyer will appear and it's undetermined at this time if Tom will be in court also because he is currently shooting a movie."
Tom, 50, was "blindsided" when Katie filed for divorce from him last week after five years of marriage and sought legal custody of their six-year-old. It was reported he would file his own application for custody in Los Angeles, but it is not possible to file a case in separate states at the same time.
Tom's lawyers will have to argue proceedings be halted in New York and heard in Los Angeles instead. Katie filed for the divorce in New York because she believes she has a better chance of winning sole custody of Suri.
A source explained: "Tom will have to file a formal response to Katie's divorce petition in New York, and he is going to submit a motion to have the case dismissed because he believes it isn't the proper venue.
"Tom is hopeful that New York will do the right thing and allow him to file in California."
At the hearing in New York Tom could also request a temporary visitation order to see his daughter.
Friends of Katie believe she is in the more advantageous position at present, as she already has her legal team in place and prepared.
A source said: "Katie clearly has the upper hand in the proceedings at this point. It can't be emphasized enough that she took these extraordinary measures to protect her daughter, Suri."
Katie was said to have filed for divorce over her worries about the effects Tom's belief in Scientology would have on her daughter, and was concerned by his plans to send her to a Scientology camp.
Actor Tom Cruise and his wife Katie Homes and their sleepy daughter Suri arrived back to their New York City hotel on December 20, 2010. The Holmes-Cruise family spent the weekend celebrating Katie's birthday with a trip to see the Nutcrackers and dinner at the best restaurants.
Hollywood parents Tom Cruise and wife actress Katie Holmes headed out for a lovely Italian meal in Prague, Czech Republic on September 21, 2010 with their four-year-old daughter Suri. Tom has brought his family along to find the best location for the. fourth Mission Impossible film. Tom is not only the lead actor but also in the production team.
Katie Holmes and Tom Cruise arrive at a hotel with their daughter Suri in New York City - (05/25/10). Katie looks liek a zombie as usual, but at least she has a break from her child for a change.
Tom had a lot to say regarding marriage and life in Esquire's new 'How to Be a Man' issue.
On being a Dad:
"I'll never forget the moment I became a dad. But it's hard to describe — that level of responsibility, the desire to give such joy. The clarity: Nothing is more important than this. I remember that first night, just staring at Bella. I was checking her every second, just looking at her, feeling that immediate bond. I was probably looking at her so much that I was keeping her up.
"I made a promise to her: All I can do is the best I can. But I'm not going to say I'm gonna do something and then not do it."
On wife Katie:
"Because we do live in a cynical world. It's easy to be cynical. Making the choice not to be cynical is important. You can keep dwelling on what didn't work, or you can figure out how to fix it. Which is what being a parent is all about. You know, I'm married to such a special woman. Every night before we go to sleep, Kate and I look at each other and it's like, How'd we do today.
On daughter Suri:
"It's come full circle. Now I'll put Suri on a swing and tell her stories when I'm working on a script. I'll start with the beginning of the movie and take her through the story beat by beat. Of course, I make it age-appropriate. She's four years old. But she asks all the right questions: Why does that happen? Those are the bad guys? You're the good guy, right?"
(JDH /JCP / WENN)
"She tells me what to wear. She just likes to dress herself, wear whatever she wants. If she wants to wear it, she wears it."
Think the heels are outrageous? Check out more of Suri's fashions from the 3+ years of her life.
(JDH / JCP / WENN)
Katie also took a Suri with her bunny slippers to Chelsea piers.