Levi Johnston's lawyer seeks variable child support payments

The documents, filed by his attorney, Rex Butler, urge a judge to base the child support Johnston must pay to Bristol Palin on an average of his income in quarterly reports because Johnston's income last year was "anomalous" and his "visibility as a media figure is too speculative to assess at this juncture," Butler wrote.

"Levi Johnston's income spiked dramatically in 2009 as a result of media exposure generated by the presidential campaign of 2008," Butler wrote. "Prior to 2009, Johnston never made over approximately $10,000 annually."

Johnston, in an affidavit supporting the motion, says he made more than $100,000 in 2009 -- exact amount to be determined -- and he has no idea how much he will earn in 2010. He has a contract with Playgirl for his photo shoot for $25,000 plus contingencies, but nothing else is set, Johnston wrote.

Bristol Palin, who filed a petition for sole custody of the baby in early November, is seeking a total award of $22,750 to cover the 13 months since their son's birth -- $1,750 a month -- from the 19-year-old Johnston, her former fiance. The amount is based on Johnston's income last year. He has so far paid only $4,400 since Tripp was born in December 2008.

In the filing, Butler argues that maintaining that rate would be excessive given the uncertain future of Johnston's finances. He says, however, Johnston is willing to pay 20 percent of his 2009 income.

Alaska law mandates that at a minimum the noncustodial parent is obligated to pay 20 percent of his adjusted annual income to support one child.

Palin's attorney, Thomas Van Flein, said Thursday that it appeared Palin and Johnston are making progress toward a fair resolution. Palin also expects to work out a visitation schedule with Johnston that will allow the father to seek work in his budding career, he said.

"Bristol is hopeful that Levi will obtain work in 2010," Van Flein said. "If you're going to go into show business or entertainment, definitely you never know when your next job is coming."

Butler didn't return several messages seeking comment.

Sarah Palin was the Republican candidate for vice president when it was revealed that her daughter was pregnant and Johnston was the father.

Johnston has since appeared on the national talk show circuit, in ads for Wonderful Pistachios and is featured on the cover of the upcoming newly resurrected print version of Playgirl magazine, due on newsstands Feb. 22.

Find James Halpin online at adn.com/contact/jhalpin or call him at 257-4589.