LOS ANGELES (AP) ¿ Running out of patience with Britney Spears, Kevin Federline's attorney said he plans to seek consequences.

Mark Vincent Kaplan, who represents Spears' ex-husband in their child custody case, said on Friday that he would ask for sanctions against the pop star for calling in sick to her court-ordered deposition.

Spears didn't show up to testify at Kaplan's office on Wednesday as scheduled, and Kaplan said later that her lawyers told him she wasn't feeling well. Spears was photographed later that day driving with a friend.

"This can be done with her active participation or without it," said Kaplan, who said he would file papers asking the court to impose sanctions on Spears before January 23, the next scheduled court date.

A telephone call to Spears' attorneys was not immediately returned.

Judges often impose monetary sanctions, including attorney fees, said Professor Charlotte Goldberg, who teaches family law at Loyola Law School.

"There is always the possibility of (holding Spears in) contempt of court," Goldberg said. "After a certain point, when it's repeated behaviour, courts become skeptical about that kind of excuse."

Kaplan said Spears had missed at least three previously scheduled depositions "for various reasons," so he asked the court to order her to appear at his law offices to be deposed on December 12.