Hi - my name is XXXXX XXXXX I'm a Family Law
litigation attorney. Thanks for using JA! I'll be glad to assist.
In order to be in contempt of court, the ex-wife would be required to prove that he has failed to pay. If there are no bills from the daycare and there's no proof of payment by the mother
AND if the mother is presenting the bills, it may very well be that he's not in contempt because there's no proof to support that.
Your husband could file a motion for an accounting from the daycare and ask for ALL bills and ALL payments made on your account. Then your husband could match those up with the bills provided by his ex to see if they match up.
It may be that contempt can't be proven by her. Also, if the numbers don't add up, your husband may have a claim against her for fraud, misrepresentation and abuse of process.
Tanks for allowing me to assist you, and if you have any additional questions, please let me know.