Can an ex spouse tax refund be garnished even though its not their income from whihc money is owed?

This comes up often in divorce cases. If you were legally married during the time in which the tax is owed then more than likely both parties are equally responsible for the tax in question. You can file and "Injured Spouse Form" on your behalf and the IRs will determine who is responsible for the taxes. Most likely this will only protect your currents spouse's (if remarried) share of your current return but you can try.