Plus: Kfed's attorney denies reports Federline is about to seek more child support

Credit: Owen Beiny/WENN; Ethan Miller/Getty

Britney Spears confidante Sam Lutfi has been subpoenaed by Kevin Federline‘s lawyer and will be questioned in January in the custody case.

A source close to Lutfi says he was served earlier this month for a deposition. “There is nothing to hide,” the source says.

Federline attorney Mark Vincent Kaplan confirms the subpoena was served Nov. 7 but that Lutfi “didn’t show” for Friday’s deposition, which was rescheduled for January.

Kaplan says he will seek a court order to ensure that Lutfi attends the January session.

Three months ago, a dramatic first attempt to serve Lutfi went awry.

The Nov. 7 service, however, had none of that drama.

Lutfi “was in the parking lot of a place in Hollywood,” says Kaplan. “My process server asked if he was Sam Lutfi, he said yes. The subpoena was handed to him, but he wouldn’t take it. So it was dropped, literally on him. But if someone refuses to take it in their hand and you drop it at their feet, they are served.”

Child Support Statement

Kaplan, meanwhile, issued a statement denying reports Federline is about to seek more child support:

“Every two months, rumors have been raised in the media that Mr. Federline’s lawyers are about to go into court to get more money for child support. Persistent questions are again being raised now in the press about the timing of when that will happen.

“As I’ve said, I know where to find the courthouse and what to do when I get there. If Mr. Federline had wanted to increase child support, it would be very easy to achieve and would have been requested long before now. There has not been and is not now a request before the court for a modification of child support. Mr. Federline’s purpose in bringing this action continues to be one that is based upon the best interest of the children as his highest priority.”

• Additional reporting by MARY MARGARET