The number of these instances is likely quite small. How many divorced parent situations have a CP with EFC = $0 and an NCP who is both able to fund college and is willing/cooperative on that subject? Even the few such situations who send the kid to an OOS UC would still be paying at least as much as full price in-state cost, so it is not like OOS UC is free in that case (in the absence of merit scholarships). UCs do not need more bureaucracy that will probably cost more to run than any effect it has on these situations.