Kevin Federline's attorney Mark Vincent Kaplan tells Usmagazine.com he was "not upset" by Britney Spears's absence in court

He said, "This can be done with her participation or without it. But it doesn't help anyone not to obey court orders. We will go forward, and she can respond in anyway that addresses her failure to appear."

As for Spears pal Sam Lutfi's claim that the singer didn't show due to anxiety from paparazzi, Kaplan said: "If the paparazzi are something that are causing anxiety, that is something I would assume that she deals with most of her life.

"So I am not sure why the paparazzi anxiety level happened to coincide with the fact that the court ordered her to appear to be cross examined."