NC TikTok star can pause paying $1.75M in husband-stealing case for now, judge rules
AI-generated summary reviewed by our newsroom.
- Judge orders $40,000 undertaking to stay enforcement of $1.75M order.
- Kennard says income fell to about $15K/month; was as high as $30K/month.
- Judge said negative publicity didn’t affect her ability to pay for the undertaking.
North Carolina social-media influencer Brenay Kennard can pause paying $1.75 million in damages for ending a woman’s marriage while she appeals the case, a Durham judge ruled Tuesday.
Kennard filed a motion to stay the enforcement of a November 2025 order that she pay Akira Montague for alienation of affection and criminal conversation. Montague had successfully sued Kennard in 2024 for having an affair with her now ex-husband, Timothy Montague, The News & Observer reported.
North Carolina is one of a handful of U.S. states where someone can sue the person with whom their spouse had an affair. Kennard appealed the 2025 decision to the N.C. Court of Appeals on Jan. 14, court records show.
On Tuesday, to obtain the stay, Kennard’s attorney, Kelly Fairman, requested a $10,000 undertaking, effectively a bond without collateral. Akira Montague’s attorney, Robonetta Jones requested a $40,000 undertaking. Superior Court Judge Hoyt Tessener ordered Kennard to pay $40,000.
Kennard testifies
Kennard testified that 75% of her income comes from brand deals but that Montague’s lawsuit had hurt her reputation and cost her deals with brands like Temu. She testified that she wanted to work as a substitute teacher at Wake County Public Schools, but the school system turned her down because of an active cyberstalking charge against her.
Fairman walked through Kennard’s recent bank statements, showing she made $15,000 in a month, half what she made before the lawsuit. She testified that she is primarily responsible for the bills in her household, including rent, utilities and an $800 monthly car payment
Kennard testified she bought a new car because her old car was too small for her new family, which now had two stepchildren. Her testimony about taking care of her stepchildren drew a shocked face from Montague, who turned with her mouth agape to her equally aghast mother, Veneta Sydnor. Akira Montague has two children with Timothy Montague, who is now married to Kennard.
Fairman asked why in some months Kennard’s bills have totaled $23,000. Kennard testified that much of the money is spent on attorney’s fees. She also said she owes over $80,000 in taxes dating back to 2023.
Kennard testified that she has seen “thousands” of negative videos and accused Akira Montague, her attorney Jones, and an army of influencers known as “Boots on the Ground” of spreading “lies.” That further damages her reputation and ability to secure brand deals — in turn reducing her income potential, she testified.
“People make a video about me every day,” Kennard said. “It never stops.”
During a testy cross-examination, Jones pressed Kennard on her recent bank statements, including charges at different restaurants over the past year.
Kennard said buying groceries would have cost “way more” and that she buys food for her family — including her stepchildren and siblings — not just for herself.
Jones pointed to an average of $400 a month spent on Amazon and over $700 spent on Ulta Beauty products. Kennard testified that she gets household furniture from Amazon and that, as a beauty influencer, the makeup from Ulta is necessary.
When Jones asked about her appearances on talk shows like Dr. Phil and Tamron Hall, Kennard said the shows spiked her monthly income, but only briefly.
Kennard testified that the lawsuit affected her mental health, and she avoids posting as often she did previously to avoid the negative attention, further limiting her income. She testified that Timothy Montague, who works as a trainer, loses out on jobs because of the lawsuit.
Akira Montague and her mother testify
Akira Montague began her testimony shortly before a lunch recess. Fairman objected to Montague’s testimony, arguing it was not relevant to determine what Kennard should pay in bond. Tessener allowed Montague to continue testifying.
Montague testified that she lives with her mother, who helps her take care of the kids. She testified she does not receive child support from Timothy Montague or help with buying clothing for her children. As she testified, Timothy Montague, sitting two rows behind Kennard, gently but repeatedly shook his head.
Akira Montague testified that she is $100,000 in debt, mostly in attorney fees. She testified that her mother helps her pay the fees.
Fairman challenged Montague’s testimony, asking her about videos where Montague allegedly left negative comments about Kennard. Montague testified she, in fact, told people to stop bullying Kennard over her appearance.
Jones also called Veneta Sydnor, Montague’s mother, to the stand. Sydnor also testified that Montague defended Kennard from hate comments. Sydnor testified that she — not Kennard or Timothy Montague — pays for anything Akira Montague’s children need.
Sydnor testified that Montague never shared any documents from the alienation of affection lawsuit, but those following the case can get notifications for any new filings using the legal research platform Trellis.
On cross-examination, Fairman read comments Montague allegedly made like “Brenay and Tim, y’all gonna be in debt for life” and asked Sydnor if she considered those comments negative. Sydnor agreed but maintained her daughter did not contribute to the negative attention Kennard received.
Reactions to the judgment
Fairman argued that Kennard’s income has declined, and an unsigned order will mean the two children will be at her and Timothy Montague’s house more often. She recommended Kennard pay a $10,000 undertaking.
Jones argued for a $40,000 secured undertaking. She said Kennard’s income rose from January to February after appearing on Dr. Phil and Tamron Hall. Kennard’s car payment and move into a four-bedroom house with $2,000 rent, Jones argued, demonstrated Kennard’s ability to pay.
Tessener concluded that Kennard’s income was about the same before and after the alienation of affection verdict, and he sided with the request for a $40,000 undertaking.
“What I keep thinking here is that good publicity is better than bad publicity,” Tessener said. “But bad publicity is better than no publicity.”
Tessener noted in his conclusion that the attorneys seemed to have taken on the persona of their clients. As for the back-and-forth between Kennard and Montague on social media, Tessener said he had a recommendation: “Please stop.”
Jones, said a deadline for Kennard to pay the undertaking would be determined when an order is drafted. Justice was served once again, she said, agreeing with Tessener’s conclusion.
“With bad publicity comes money,” Jones said. “Especially when you are a content creator, you are able to monetize whether it is bad or good.”
Fairman, Kennard’s attorney, said a $40,000 undertaking was “not unreasonable” but could not comment on whether Kennard had the means to pay it. Fairman said she hoped people on TikTok would use their platforms for something more positive than what she had seen in the videos she reviewed.
“I’m just asking everybody to move on – not only from this, but from the incessant tendency to destroy other people when we have so much building that we need to do together,” Fairman said.
Hailing from the Pitt County town of Winterville, Kennard gained social media fame by documenting her daily life, including “get ready with me” videos, cooking and makeup tutorials and food reviews known as mukbangs.
The alienation of affection case garnered national attention because of how public Kennard made the affair to her 3 million TikTok followers. A Durham County jury found Kennard liable for alienation of affection and criminal conversation in November 2025, The N&O reported.
Durham County Superior Court Judge Timothy Wilson ordered Kennard to pay Montague $1.75 million in compensatory damages. And Kennard may be on the hook for another $1.75 million in punitive damages, The N&O reported.
This story was originally published March 24, 2026 at 4:45 PM.
.jpg)