Yep, client abuse of the IP QOS is an issue, the idea would be to split the traffic on 2 lanes:
1 - high priority, but very and really small bandwidth (usually depending on the line tech: xDSL, cable or fiber). Usually enough bandwidth for an handful of audio calls/game traffic streams. The client is in charge of that QOS on its domestic network though.
2 - the best effort lane.
Namely, the ISP would have to enforce that QOS at the modem, or line collect, namely as close to the client as possible.
IPv[46] has the TOS field for that with diffserv (other?). IPv6 could tell the ISP fine grained traffic requirements with pre-defined standard IPv6 labels.
There is no reasonable reasons the ISP would charge for the "fast lane". It should be default and neutral to as many ISPs as possible and ISP transits/peerings should keep the priority of the fast lane.
Since the bandwidth would be limited early the network hierarchy and omega shmol, this means little to no incentive to cheat on it.
That would unlock "for almost sure" high quality audio communications (with the encrypted audio stream protocol chosen by the user software/hardware) and ultra fast gaming on domestic line internet.