Although the husband and wife divorced, the child was innocent. In order to protect the legitimate rights and interests of minors, the state has specially formulated the Law on the Protection of Minors, article 3 of which clearly stipulates: "Minors enjoy the right to subsistence, development, protection and participation, and the state gives special and priority protection according to the characteristics of their physical and mental development to ensure that their legitimate rights and interests are not infringed. Minors enjoy the right to education, and the state, society, schools and families respect and guarantee the right of minors to education. "
In order to ensure that the divorce of husband and wife will not affect the educational expenses of minors, Article 37 of the Marriage Law stipulates: "After divorce, one party shall bear part or all of the living expenses and educational expenses necessary for the children raised by the other party, and the amount and duration of the expenses shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. An agreement or judgment on children's living expenses and education expenses does not prevent children from making reasonable demands on either parent when necessary. "
According to the meaning expressed in Article 37 of the Marriage Law, not only should the divorce agreement clearly stipulate that the party who does not directly raise the children must bear "part or all of the education expenses", but the children have the right to "make reasonable demands that exceed the original amount of the agreement or judgment" when necessary.
Therefore, the party who does not directly raise the children must bear part or all of the children's education expenses, which should be determined in the divorce agreement and strictly enforced. If it refuses to implement, the party directly raising the child may bring a lawsuit to the court according to the relevant provisions of the Marriage Law, the Civil Procedure Law and the Law on the Protection of Minors.
Relevant provisions of the Law on the Protection of Minors
Article 60. Violation of the provisions of this law and infringement of the legitimate rights and interests of minors, and other laws and regulations have stipulated administrative penalties, such provisions shall prevail; If personal or property losses or other damages are caused, civil liability shall be borne according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.