bathtub drain doesn't line up with existing drain

My new tub fits perfectly within the cove area, but the existing drian is off about 3 1/2 inches from the new drain. Is there a code regulation that says the drain pipe that connects to the 'over the rim' drain on the tub must be straight and vertical, or could I just cut it in two places and install two slightly angled abs connecters(one angled right and one angled left to align with the tub drain. I really don't want to mess with the existing drain under my flooring going through the joists and all.
Thanks!

drain

If you have enough depth you can do that, or you can install the tub's tee where the drain is, angle the lower connection towards the tub drain opening, and then use the fittings to offset the overflow riser pipe to the opening.

I would remove the existing drain and install a new one that lines up properly.

thanks hj, that's what i did and it was surprisingly easy to do with
a couple 45's