Though he said he was "not upset" by her absence, he said the matter will be addressed in court "probably within the next 30 days."
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 that the paparazzi anxiety level happened to coincide with the fact that the court ordered her to appear to be cross examined."
When asked how he felt about Web sites reporting that Spears was out until 2 a.m. that same night, he said, "she probably got over her anxiety, apparently."
He declined to comment how Federline felt about her cancellation.
The next court date is January 23.
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