The expensive and messy post-divorce custody battle over Britney Spears and Kevin Federline’s two sons is still being hammered by Los Angeles Courts.

“Extra” spoke to Kevin Federline’s attorney last night and got his reaction to Britney Spears’ failure to show up for the court-ordered deposition because of “illness.”

Mark Vincent Kaplan didn’t buy the excuse, saying, “It’s not like the 4th grade where you get a doctor’s note and it’s all okay…I’m not mad. I can go on with or without her.”

Kaplan’s only goal is to settle the child custody battle between his client and Spears, saying, “If you don’t obey a court order, you can be held in contempt…We’re not really interested in punishing her [Spears]…We’re interested in getting facts and information that are inconsistent with her position or consistent with my client’s position.”

Kaplan said the holiday plans have been made, saying, “Kevin would like the children to be able to experience Christmas, Christmas Eve, Christmas Day with both himself, as well as their mom, and arrangements have been made for a schedule we believe will accommodate them.”

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