My iPhone is locked to ex's iCloud account (but to my credit card!). I don't have the password. How can I change it to my new iCloud account?

My iPhone 4S (iOS8) is locked to ex's iCloud account (but to my credit card!). I don't have the password. How can I change it to my new iCloud account?
My phone shows my name plus iCloud old iCloud account. My kids' new iPads show my name plus my new iCloud account. But both accounts show my children as "family" associated with them.
Basically, I need to change the iCloud account on my phone to my new one. But I'm not given that option.
Help and thanks.

Hi and thanks. The password on the old iCloud account doesn't work and my ex-husband says he doesn't know what it is -- and that he's not getting emails to reset the password. I tried using the rescue questions and even the birthdate isn't working. I think he's changed it to keep me out, but it's charging my credit card account.

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