Family Matters

When OnlyFans Meets Your Divorce

OnlyFans… it’s not just for following your favorite professional athlete, musician, chef, or artist, which, if you are unfamiliar with the site, you may think that’s what it’s for. However, by and large, OnlyFans has a reputation for permitting creators to post sexually explicit content, otherwise known as NSFW (“Not Safe For Work”). Before we delve into why that would be relevant in your family law case, you may be thinking – “What is OnlyFans”?

OnlyFans is a subscription-based social media platform where individuals “creators” post their own content, gain subscribers and in turn earn money from those subscriptions. By creators placing their content behind a “paywall,” the subscriber has to pay to unlock photos, videos and other content. Content creators can charge additional fees for personalized requests and direct messages. According to my web search, pictures of feet may range from $5 to $20 per photo on OnlyFans.

When OnlyFans Meets Your Child Custody Case

Killebrew v. Gardner

A recent Pennsylvania Superior Court case examined a parent’s OnlyFans account in the context of a litigious child custody case.  In Killebrew v. Gardner, a case stemming out of Delaware County, Father appealed the Delaware County trial court’s order awarding shared legal and shared physical custody of the parties’ minor child after years of litigation that commenced in 2020. But this is not your run-of-the-mill custody appeal. While Father raised two issues on appeal, relevant for this discussion is Father’s contention that the trial court made a mistake in granting shared legal and shared physical custody despite Mother’s use of the OnlyFans platform. If, at this point in the article, you’re thinking “WHAT???”, let’s take a few steps back.

During a court proceeding initiated by Mother, Father presented evidence that Mother had posted sexually explicit content on her OnlyFans user profile. Father also reported Mother’s conduct to ChildLine (an agency that receives reports of child abuse). The Court proceeded to issue an order scheduling a forensic interview with the Child, the results of which would have significant effects on the amount of custody Mother would be able to exercise going forward. What the Court wanted to know was whether the Child was aware of Mother’s OnlyFans account. Mother was also ordered to delete her OnlyFans account and submit to a psychological evaluation. Ultimately, following several pleadings and hearings, including testimony from Mother about her Onlyfans content, the Court awarded shared legal and shared physical custody.

On appeal, Father raised two issues, the first was that the trial court did not consider Mother’s “poor life choices” (ie. posting sexually explicit content on her OnlyFans page to supplement her income). The Superior Court has “repeatedly rejected consideration of a parent’s morality or sexual lifestyle when fashioning a custody award.” And in their review of the trial court’s assessment of the Killebrew case, they agreed with the trial court that Mother’s OnlyFans account use was irrelevant to the court’s custody analysis. The trial court found Mother’s use and maintenance of the OnlyFans account was not a detriment to the Child or the Child’s safety.

OnlyFans and Impacts on Child and Spousal Support

While a parent’s OnlyFans account may not be relevant from a custody perspective, assuming that the maintenance of an account does not impact the child negatively or jeopardize safety, it could be relevant for other family law issues such as calculating a person’s income in a child support and/or spousal support action. According to the Tech Report, OnlyFans has “over 120 million registered users and has paid over 5B dollars since 2016,” with “top earners” bringing in $100,00.00 or more monthly.

The level of supplemental income from OnlyFans could have a significant impact in calculating a parent or spouse’s support obligation. 

The Impact of Technological Advancements in Family Law Cases

The advancements and increased use of technology have shaped and influenced family law matters, whether it is uncovering hidden assets in cryptocurrency or revenge porn, and now in instances involving subscriber-based platforms such as OnlyFans.

If you are engaged in a family law matter and have concerns about the impacts of technological advancements in your case, contact a member of the Obermayer team.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.