Legal Question in Family Law in Virginia

If the PSA containing the provision for the payment of the credit card bill was incorporated into the final decree, then the issue regarding this payment was

not "mistakenly left out of the final divorce decree" and enforcement must lie with the circuit court rather than the general district court.

It is common for the PSA to be incorporated in the final divorce decree. It is not necessary that everything in the PSA be specifically mentioned in the final decree. When the PSA has been incorporated in the final decree, failure to abide by the PSA can be enforced in the Circuit Court with a petition for a rule requiring him to appear in court and show cause why he should not be held in contemp of court for failing to make the credit card payments.

It would seem to me that if DCSE petitions for a rule to show cause on the support issue, you could add to the affidavit you must sign to accompany their petition the failure to pay the credit card bill, and both would be handled at the same hearing.

If DCSE is enforcing the child support payment arrears in some other way than petition to the court for a rule to show cause, it is my belief that you have a choice between filing your own petition in the Circuit Court or filing suit in the General District Court, based on the PSA, which is a contract. Just be aware that the jurisdictional limit of the General District Court is $15,000.00.