My iphone is Tapped. Does anyone know how to keep it away?

Ok, so my ex-husband put a wire tap on my phone about 3 months ago and I didn't know it was really there until last weekend. He was able to add online that I take responsibility for a phone I didn't even have anymore. I've done the the complete wipe out, where the phone is brought down to factory settings to get it off. That didn't work because by the time I was on my way home I was being tapped again. This is so frustrating!!!! So today, I go and get a brand new iphone, a new account, the phone my husband added was disabled. Supposedly. Tonight, the spyware is again downloaded onto my brand new phone. One thing I did notice is that they didn't change the account number like they were suppose to. But still, does anyone know how in the **** he is once again access to monitor my cell phone? Any info would be appreciated.