Legal Question in Family Law in California

You probably can get away with that, but I don't recommend it, because it can come back and bite you if she decides to make an issue of it. You would probably ultimately win, but not until after a good dose of miserable trouble with the Dept. of Child Support Services. Your better course would be an osc re contempt if you have an order that she pay those expenses, coupled with a motion to modify your existing order to specifically provide for the child care to be included in the support calculations (Dissomaster includes a line for this).