Form-50 is being treated like an Order because Administrative Order 2004-14-02 is in place.

Question:

Maitland Florida attorney filed a Form-50 out of the blue in a woman’s paternity case to change a recent final judgment and when the woman said “I don’t want to go to Mediation” the attorney immediately filed a motion for sanctions against her for not complying with Administrative Order 2004-14-02. There is currently a open Department of Revenue Case against the father for failure to pay child support. What can she do? Form-50 is to be considered an Order I assume, and the attorney is seeking sanctions and asking the judge to hold the woman in contempt for not choosing a mediation date.

Answer:

First off, its apparent to me that this woman is unfortunately unrepresented and doesn’t have an attorney while the other side does. In these cases, I have seen time and time again a pro-se party being steamrolled by an experienced attorney. So she definitely needs to hire an attorney. If she is indigent she can try and apply to Legal Aid for an attorney. Form 50 is merely an information form that is sent to the mediation office and then that office schedules mediation. Typically for a pro se party if they do not respond they will just set a mediation date and prove proper notice. If the pro se party doesn’t show up, then its likely that the pro se party will have to report to the judge and show cause why she didn’t show up. It seems what the attorney is doing may be appropriate, and the pro se party needs to consult with an attorney. There are huge gaps of facts missing here to give a proper assessment so its advisable to consult with a few attorneys in person and hire the one you deem best. Best of luck.