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Katie Holmes Will Be In Court For First Hearing In Divorce, Requesting Temporary Child Support

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Jul. 6 2012, Published 1:00 p.m. ET

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By Jen Heger - Radar Assistant Managing Editor

Katie Holmes will be in a family law courthouse on Tuesday, July 17 for her first divorce hearing against estranged husband, Tom Cruise, at which time the actress will formally request temporary child support from the Mission Impossible star, RadarOnline.com is exclusively reporting.

As we previously reported, the proceedings will remain in New York, at least for now, because under the law, Cruise, 50, cannot file in California as he had planned to, because it is not possible to file in separate states at the same time.

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"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,” a source close to the situation tells RadarOnline.com. “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.

“His lawyer could also petition the judge for a temporary visitation order at that time. Katie will be in court and ready to testify at the hearing if needed.”

Proceedings are currently in Katie’s favor because she obviously had her team in place before Tom, putting her a few steps ahead.

“Katie has gotten top notch legal advice because the case will remain in New York for the near future. Important issues coming up include temporary child support,” an insider close to the actress says. “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.

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"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,” the source added.

The former Dawson's Creek star, 33, has requested sole physical custody of the couple's 6-year-old daughter.

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