A North Carolina judge has recently ruled that TikTok personality Brenay Kennard must pay $40,000 while she appeals a substantial $1.75 million judgement against her. This ruling follows a legal battle involving Akira Montague, who accused Kennard of being responsible for the dissolution of her marriage to Timothy Montague.
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The legal disagreements began to attract national attention last November when a jury found in favour of Akira Montague. She claimed that Kennard had engaged in “alienation of affection,” which is defined as intentionally interfering in a marriage, and “criminal conversation,” a term used for having sexual relations with a married person. Such legal concepts are relatively rare, with recognition varying across states; however, they are acknowledged in North Carolina.
Akira Montague’s allegations centred around Kennard’s social media activities, asserting that The TikTok star made content featuring her ex-husband while he was still married. The legal complaint charged that many of these social media posts were created without the knowledge or consent of Akira. In addition, it was asserted that Kennard openly displayed her connection with Timothy online, even attempting to justify their alleged affair during a TikTok livestream.
In the aftermath of the jury’s December ruling, a Superior Court judge mandated that Kennard pay $1.5 million for alienation of affection and an additional $250,000 for criminal conversation. As of January 14, Kennard had filed an appeal with the North Carolina Court of Appeals regarding this decision.
The latest hearing occurred on March 24, involving all three parties: Kennard, Timothy, and Akira Montague. During this session, Kennard’s legal representative sought to set the undertaking at $10,000, while Akira’s legal team pushed for a more significant figure of $40,000. Ultimately, the judge ruled in favour of the higher amount, agreeing on a payment of $40,000.
During the hearing, Kennard’s attorney argued that the TikTok star’s income had decreased significantly since the onset of the lawsuit, noting she was now earning only half of what she had previously made. Kennard herself testified about her financial responsibilities, including an $800 monthly payment for a newly purchased car that accommodates her two stepchildren.
It was also revealed that Kennard claimed to have faced substantial online backlash, including “thousands” of negative videos related to the ongoing legal battles. This online harassment has reportedly hindered her ability to secure brand deals, thereby impacting her income.
The court proceedings saw a back-and-forth regarding Kennard’s spending habits; her monthly expenses included approximately £400 at Amazon and over £700 at Ulta Beauty. When questioned, Kennard explained that her purchases typically involved furniture and beauty products necessary for her career as a content creator.
The judge ultimately inferred that Kennard’s income had remained relatively stable compared to her earnings prior to the lawsuit. Consequently, the decision was made to require the payment of $40,000 while the appeal is processed.
Kennard’s legal team conveyed that the amount specified for the undertaking was not excessive, though they refrained from commenting on her financial ability to fulfill the payment. As of now, neither party has issued a public statement regarding this latest ruling, leaving much of the case in the hands of the judicial system while the appeals process unfolds.