The definition of education expenses in divorce cases is stipulated in Article 37 of the Marriage Law: after divorce, one spouse shall bear part or all of the living expenses and education expenses necessary for the children raised by the other spouse. It can be seen from the above provisions that the legal position of divorced parents who have not directly raised their children to share or bear the educational expenses of their children is based on "necessity". According to the present situation of education in China, the necessary education expenses should refer to the basic expenses that are indispensable for receiving or maintaining normal education according to the laws, regulations or policies of the state on education. Specifically, it should include the following aspects:

(1) The expenses are allowed by national laws or policies, but not illegal or unreasonable expenses outside the laws or policies;

(2) Expenditure for receiving or maintaining normal education, not for receiving or maintaining abnormal education; It must be an essential basic expenditure, not an arbitrary expenditure.

School selection fee, as an extra fee charged by some schools under the pretext of exceeding the charging standards stipulated by relevant laws, regulations or policies when enrolling students from different regions or students whose college entrance examination scores have not reached the planned admission line, is an abnormal charging item and phenomenon under the background of uneven distribution of educational resources in China and many parents competing for better schools in order to let their children receive quality education. As a social problem that is not conducive to the healthy development of education, this kind of charge has always been the object of national prohibition and investigation. Therefore, it does not belong to the category of necessary education expenses stipulated in the Marriage Law. If the parents of the students bring a dispute over the burden of this fee to the court, although the starting point of paying the school selection fee to take care of their children is affection and legitimacy, the court should not take legal measures to forcibly distribute the burden of this fee because of the illegality of the school selection fee and the normative and declaratory role of the court legal documents to the public, otherwise it will form a wrong direction to support or support the legalization of this fee in disguise from the judicial level.