|Katie Holmes and Tom Cruise|
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 emphasised 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.