In Alabama judicial system there is nothing that is not possible. Depending on who your ex husband is who his attorney is and who the judge is I would say yes it could happen. Is it right or ethical? Well thats a different question. By law the answer should be no unless you are unable to provide adequate housing, food, clothes etc. I believe if he was telling me that I would sure I could play it back and let the judge hear him say it. Yes it is admissible and you do not have to tell him you are recording. That ticks me off thats exactly what my ex wife tried just because she is worth 25 million doesn't mean crap to me and it shouldn't mean crap to the judge. Money doesn't make you a better parent. Most times it just makes you a jerk. All I can say is do what you can legally to bring him down a notch or two.